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MIIS Document Generator 3.1 with activation

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Welcome to the EULA generator

(Step 1/5)

A EULA (or end- user license agreement) allows people to use your software, not to distribute it to third parties. In a EULA you register what rights and obligations users have, how one should pay and information about the warranties you provide.

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A EULA (or end- user license agreement) allows people to use your software, not to distribute it to third parties. In a EULA you register what rights and obligations users have, how one should pay and information about the warranties you provide.

Generator-parts

Welcome to the EULA generator

Payment and activation

Updates and support

Warranties and liability

Other questions

Order form

Please note: the EULA is meant for software being distributed.

Do you have an online service? In that case, please use our SAAS-terms generator instead.

What is the name of the software?

(Required)

What is the name of the licensor?

(Required)

Some software vendors wish to restrict the purposes for which software may be used or which target groups may acquire a license.

This way you can for instance deliver a cheaper version to private individuals (consumers) and a more expensive version to companies and/or institutions.

Or you might wish to prevent consumers using the software altogether, if your software is solely developed for professionals and you don’t want to receive claims based on consumer law.

Is the license limited to certain target groups or is it for everyone?

What type of license do you use?

Personal: every user must have a license Node-locked: every computer which runs the software must have a license Floating: the software may be installed as often as the user wants, but cannot be used simultaneously by more than x computers Enterprise (unlimited): the software may be installed and used on an unlimited amount of computers within the company

Enforcing node-locked or floating licenses often happens with a license manager, a piece of software that manages the number of licenses and, if necessary, refuses the use or installation.

If you choose this option, your EULA will stipulate that the user may not uninstall, manipulate or circumvent the license manager.

There is a license manager (software) that enforces this

A License can be tied to one person, to make sure only this person is authorized to use the software. If you want to allow all persons within a shared household to use the software, you can check this box.

Allow usage by house mates

In what language do you wish to receive the EULA ?

Dutch English

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Payment and activation

(Step 2/5)

Generate your document

Generator-parts

Welcome to the EULA generator

Payment and activation

Updates and support

Warranties and liability

Other questions

Order form

Does it cost any money to use the software?

The software is entirely free of charge The software is for free, but it shows advertisements After an evaluation period on should start paying for the software People must pay immediately People must pay periodically (eg monthly)

Users often need to register their contact information via a website in order to download, install and/or use software. This is particularly common with free software. If you require a user to register, you should also place a privacy statement on your website, explaining exactly what personal data you collect and what you intend to do with it. (If you check this box, the EULA text which you receive will assume you have a privacy policy in place and will contain a reference to it)

The user must register

Software suppliers often require their products to be activated by the users, in order to keep or unlock certain functionalities.

Activation may entail submitting a unique code (‘key’), which may be acquired by the user after making a payment or registering certain (personal) information to the vendor.

Does the software require activation?

The software does not need to be activated The user must enter a key to activate the software The software executes an activation protocol

When should the software be activated?

Immediately after installation (the software does not work until activated) After a test period (all functionalities of the software are enabled) After a test period (certain functionalities of the software are disabled) Whenever you want (certain functionalities are disabled as long as activation has not occurred)

How long is the trial period?

a week 14 days a month

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Updates and support

(Step 3/5)

Generate your document

Generator-parts

Welcome to the EULA generator

Payment and activation

Updates and support

Warranties and liability

Other questions

Order form

‘Updates’ here refers both to corrections of errors as well as adding new features.

Are updates provided to the software?

No, the software will not be updated Yes, I release updates but I don't know how often Yes, I release updates periodically (e.g. montlhy)

How do you provide your updates to the user?

The user can download the updates on my website himself. The software checks for updates and asks if it should be installed The software will download and install the updates automatically

It is permitted to release an update under different terms and conditions than then software originally licensed. If you intend to provide updates under different terms and conditions than the original software, it is advisable to make this clear in the EULA. The user should have the possibility to refuse an update when he doesn’t agree with the specific, modified terms for that update.

Different terms and conditions may apply to the updates

Which level of support do you offer?

The software is not supported. Users can help each other through an on-line forum. I will use best efforts to support users but without specific guarantees. A separate support contract is available for those seeking support (out of scope for EULA).

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Warranties and liability

(Step 4/5)

Generate your document

Generator-parts

Welcome to the EULA generator

Payment and activation

Updates and support

Warranties and liability

Other questions

Order form

What warranties do you want to provide for the user?

I warrant that the carrier of the software will function for a period of 90 days I warrant that the software operates (in principle) as described in the documentation I warrant that the software is free from malware (viruses, backdoors) I warrant that the software does not infringe the rights of third parties (such as copyright) I promise to fix errors notified to me as soon as possible

Because the possibility of errors is difficult to exclude and the amount of resulting damages are often difficult to estimate and may be difficult and costly to insure, it is often advised to limit liability in standard documents.

This is particularly important if software is provided free of charge.

How much do you want to limit your liability?

As close to zero as applicable law allows A specific amount Only direct damages (the cost of repairing or replacing the software)

Because the possibility of errors is difficult to exclude and the amount of resulting damages are often difficult to estimate and may be difficult and costly to insure, it is usually advised to limit liability.

How much do you want to limit your liability?

As close to zero as possible under applicable law to the amount of the license fee to only direct damage (the cost of repair or replacement) to a specific amount

Please fill in an amount in euros (the euro sign will be added automatically).

To what amount should your liability be limited?

(Required)

Please fill in an amount in euros. (The euro sign will be added automatically).

Tot what amount should your liability be limited?

(Required)

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Other questions

(Step 5/5)

Generate your document

Generator-parts

Welcome to the EULA generator

Payment and activation

Updates and support

Warranties and liability

Other questions

Order form

Most software licenses are valid for an indefinite term. You can also choose a specific term, such as a year.

If you choose for a silent renewal and the software is also sold to consumers, then the renewal period will be set to one month. This is the limit set forth by imperative consumer law.

What is the duration of your license?

Indefinite term (until terminated by the parties) One year (with automatic renewal) One year (no renewal)

You may have chosen to incorporate open source components in your software. If this is the case, it is advisable (and sometimes mandatory) to notify your customers that you use open source. If you check the box for this option, a general statement will be added to your EULA, indicating that you use open source components and stating that you will supply a list specifying which open source components are contained in your software and which licenses apply to those parts.

Depending on the applicable open source license, it may be the case that your software may only be distributed as open source. Particularly the GNU General Public License (GPL) has this attribute. Contact us if you would like us to check this for you.

The software contains open source

A license is generally not assignable, unless the licensor has obtained permission from the rightholder.

However the highest European court has ruled that a license for standard software that is valid for an indefinite term, and has legally been brought to market, may generally be assigned, even without the consent of the copyright holder. (The copyright is exhausted)

Explicitly allow assignment of the license

By means of an EULA you may give yourself the right to perform audits to check whether the licensee complies with the EULA. It should be noted, however, that such a right may in certain cases be too onerous for the licensee and not enforcable.

If you check this option, your EULA will provide you the right to have an independent expert audit the licensee’s compliance with the EULA. A good reason for the audit is required. The audit costs are paid by you as licensor, unless the audit shows that the licensee has violated the EULA.